4 ms·

The Corridor Crew just did a good legal analysis on this a couple weeks ago: https://www.youtube.com/watch?v=u2dIvUAd5QE&t=533s https://www.youtube.com/watch?v=

by krebby 3y ago

The Corridor Crew just did a good legal analysis on this a couple weeks ago: https://www.youtube.com/watch?v=u2dIvUAd5QE&t=533s https://www.youtube.com/watch?v=u2dIvUAd5QE&t=533s Basically the Disney brand has gotten so huge and diversified that a public domain Mickey isn't an existential threat to their business anymore. Terrifying in its own right, but at least we might see an end to the endless copyright extension. Interesting times ahead!

galangalalgol 3y ago
Can we go back to death +50 then? Tolkien would be public domain next year. In Canada it was close but they switched to +70 last year.
- tptacek 3y ago
  That's a term shorter than 1909, before Disney even existed. Seems pretty unlikely. The "life" stuff doesn't make any sense, either; it's always been a genuinely weird term.
  - galangalalgol 3y ago
    In 1909 the US switched from a term of 28 years extensible by 14 if the author lived, to a term of 28 years extensible by 28 if the author lived. It didn't grow to life +50 until 1976. Edit: I think the confusion may arise from the Berne convention. The US did sign, but not until 1988.
- kmeisthax 3y ago
  Take it up with Germany, they're the ones that pushed life+70 on the EU, who then ratcheted it onto the US...
- kelnos 3y ago
  That doesn't go far enough. Copyright terms should be on the order of 20 years or so, and should have nothing to do with whether or not the creator is still alive.
  - NolF 3y ago
    It's probably too short. It would live authors with very little bargaining power particularly if they become bigger in their writing carriers. Corporations would just have to wait 20 years and save themselves the exclusive rights and royalties. It should be looked form the frame of how long is appropriate to promote the creation of the arts etc. Realistically no author is thinking I won't create this art unless I get lifetime + 70. I would think 50 years total is a much more reasonable figure.
    - ndriscoll 3y ago
      40 years seems like the highest defensible limit. This would mean if you created a work in your 20s, copyright would expire when you're eligible for social security. It's safe to say that if you haven't made money on your work within nearly 2 generations since its publication and before you become a pensioner, you're not going to. Or it's at least not going to drive you to create new works. Corporations can't wait even 20 years because tastes change. There's not much mainstream demand for Sum 41 anymore. Also corporations can't have much margin on public domain material; there's too much competition if anyone can publish it, and for digital creations they'd be competing with legal p2p sharing. So they need that exclusivity.
      - actionfromafar 3y ago
        I'm fine with 70 years post creation, it's 70 years post death which is too much IMHO.
      - HenryBemis 3y ago
        > There's not much mainstream demand for Sum 41 anymore. Perhaps not for Sum 41. But how about Beatles? Elvis? Michael Jackson? Metallica? I don't know if people will still be listening to Swift and Eilish in 50 years from now, but something tells me that Beatles, Iron Maiden, Michael Jackson, Sinatra, will echo for eons..
        dotancohen 3y ago
- 2OEH8eoCRo0 3y ago
  I don't understand why copyright is so long when patents last a mere 20 years.

by krebby 3y ago

galangalalgol 3y ago

Can we go back to death +50 then? Tolkien would be public domain next year. In Canada it was close but they switched to +70 last year.

tptacek 3y ago
That's a term shorter than 1909, before Disney even existed. Seems pretty unlikely. The "life" stuff doesn't make any sense, either; it's always been a genuinely weird term.
- galangalalgol 3y ago
  In 1909 the US switched from a term of 28 years extensible by 14 if the author lived, to a term of 28 years extensible by 28 if the author lived. It didn't grow to life +50 until 1976. Edit: I think the confusion may arise from the Berne convention. The US did sign, but not until 1988.
kmeisthax 3y ago
Take it up with Germany, they're the ones that pushed life+70 on the EU, who then ratcheted it onto the US...
kelnos 3y ago
That doesn't go far enough. Copyright terms should be on the order of 20 years or so, and should have nothing to do with whether or not the creator is still alive.
- NolF 3y ago
  It's probably too short. It would live authors with very little bargaining power particularly if they become bigger in their writing carriers. Corporations would just have to wait 20 years and save themselves the exclusive rights and royalties. It should be looked form the frame of how long is appropriate to promote the creation of the arts etc. Realistically no author is thinking I won't create this art unless I get lifetime + 70. I would think 50 years total is a much more reasonable figure.
  - ndriscoll 3y ago
    40 years seems like the highest defensible limit. This would mean if you created a work in your 20s, copyright would expire when you're eligible for social security. It's safe to say that if you haven't made money on your work within nearly 2 generations since its publication and before you become a pensioner, you're not going to. Or it's at least not going to drive you to create new works. Corporations can't wait even 20 years because tastes change. There's not much mainstream demand for Sum 41 anymore. Also corporations can't have much margin on public domain material; there's too much competition if anyone can publish it, and for digital creations they'd be competing with legal p2p sharing. So they need that exclusivity.
    - actionfromafar 3y ago
      I'm fine with 70 years post creation, it's 70 years post death which is too much IMHO.
    - HenryBemis 3y ago
      > There's not much mainstream demand for Sum 41 anymore. Perhaps not for Sum 41. But how about Beatles? Elvis? Michael Jackson? Metallica? I don't know if people will still be listening to Swift and Eilish in 50 years from now, but something tells me that Beatles, Iron Maiden, Michael Jackson, Sinatra, will echo for eons..
      - dotancohen 3y ago
2OEH8eoCRo0 3y ago
I don't understand why copyright is so long when patents last a mere 20 years.